Ramudgar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.38461 of 2018 (2) dt.29-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38461 of 2018 Arising Out of PS.Case No. -53 Year- 2016 Thana -HATHAURI District- SAMASTIPUR ====================================================== Ramudgar Mandal, son of Late Mishri Mandal, resident of Village Ganouli, PS Hathori, District Samastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-06-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 17.6.2016, seeks bail in Hathori PS Case No. 53 of 2016, S.T. No. 607 of 2016 registered under Sections 302 and 34 of the IPC.

The allegation in brief is that this petitioner stabbed his own brother on account of dispute as a result of which he succumbed to the injuries.

Learned Counsel for the petitioner submits that on account of land dispute the petitioner has been falsely implicated and the informant is not the eye witness.

Whereas learned Counsel for the State submits that there is specific allegation against the petitioner of stabbing the deceased on his cheat and according to the post mortem report that proved fatal. Having considered the said facts and circumstances, the prayer for bail of the petitioner is rejected. (Arun Kumar, J) Snkumar/- U T